(A) Whenever the Building Commissioner determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter affecting the safety of any occupants of building structures or premises or the safety of the general public (or whenever a petition is filed with the Building Commission by at least ten residents of the town living within a radius of 300 feet from the building structure or premises complained of, that any such building structure or premises is unfit for human habitation or is dangerous to the general public), then the Building Commissioner shall give notice of such alleged violation to the person or persons responsible therefor, and to any known agent of such persons responsible therefor, and to any known agent of such person as hereinafter provided.
(B) Such notice shall:
(1) Be put in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow time for the performance of any act it requires, as indicated on said notice;
(4) Be served upon the owner or his or her agent, or the occupant, as the case may requires provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant; if a copy thereof is served upon him or her personally, or if a copy thereof is sent by registered mail to his or her last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he or she is served with such notice by any other method authorized or required under the laws of this state; and
(5) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
(C) Any person affected by any such notice issued by the Building Commissioner may request and shall be granted a hearing on the matter before the Board of Zoning Appeals of the town, provided that such person shall file in the office of the Building Commissioner, within ten days after service of the notice, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. Upon receipt of such petition, the Building Commissioner shall arrange a time and place for such hearing and shall give the petitioner written notice thereof, Such a hearing shall be held as soon as practicable after the receipt of request therefor. At such hearing the petitioner shall be given an opportunity to be heard and to show cause why such notice should not be complied with. At the conclusion of such hearing, the Board shall have the right either to sustain or overrule the action of the Building Commissioner.
(D) Show cause before Board of Zoning Appeals: any person affected by any such notice issued by the Building Commissioner may request and shall be granted a hearing on the matter before the Board of Zoning Appeals of the town, provided that such persons shall file in the office of the Building Commissioner, within ten days after service of the notice, a written petition requesting such hearing and setting forth a brief statement of the ground therefor. Upon receipt of such petition, the Building Commissioner shall arrange a time and place for such hearing and shall give the petitioner written notice thereof. Such a hearing shall be held as soon as practicable after the receipt of request therefor. At such hearing the petitioner shall be given an opportunity to be heard and to show cause why such notice should not be complied with. At the conclusion of such hearing, the Board shall have the right either to sustain or overrule the action of the Building Commissioner.
(1991 Code, § 132.11)